I work in the hospitality industry and myself and other staff are working many more hours than the maximum stipulated by law. We do net get paid overtime or Sunday time and we cannot describe the overtime as being "agreed upon". We are suppose to get days off for more hours worked, but it does not work that way. How and where can we report our employer and bring him to responsibility?

The hospitality industry is different as every sector has different working hours, according to the BCEA, employees should only work between 40 - 45 hours a week with a one hour lunch break or 30mins lunch break if agreed between the employer and the employee.

As for payment on Sundays, the BCEA is very clear on this matter, if you normally work on a Sunday, you are entitled to 1.5 your normal hourly wage. If the employee does not work Sundays and is required to do so, then the employee should be double of the hourly rate / wage.

Overtime is something that is regulated between the employer and the employee and the employer cannot force the employee to work overtime if there is no agreement. If there is an agreement to this effect, the employee must work overtime and is calculated at 1.5 times the employees normal hourly rate.

You need to contact the Dept of Labour and report the matter to them and they might send an inspector to further invesitigate the matter.

There is no use in complaining about your situation unless you are actually doing something about it. If you are not happy about the hours that you are working, then address these issues and other concerns with the Food and Beverage Manager. Should the issue fail to be resolved, approach the CCMA as indicated in the previous reply.

How is it possible for us to work so many hours with no life and loosing our families"even going through devorse"is this a cruel joke on us?I am working now for 6years at one restaurant and I must really say going through hell!we are not allowed to get sick or have any personal problems!on our 1 off day a week we get contacted by the owner to come in because it might get busy,drove my personal car to buy stock because the suppliers don't have because of the festive season;my car broke down and I have to explain why I was taking so long!today because of my hours I work I had to sort out my very pregnant wife because she is complaining that I am never home,I texted my boss to ask if I could sort out a personal problem and go in 3hours later.....his reply.....not his problem and I have to sort out my personal life on my own time!where are the time?how is it possible that we as management are not covered like all employees around South Africa?they can make us work till we fall over and not even be able to to our jobs as expected from them!there must be laws regarding this!